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(영문) 수원지방법원 2016.07.14 2016고정934
정보통신망이용촉진및정보보호등에관한법률위반
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No person shall repeatedly send any codes, text, sound, image, or picture that arouses fear or apprehension to any other person.

Nevertheless, the Defendant used his/her mobile phone from July 4, 2014 to October 51, 2014 from around 18:25 to around 10:51, the victim C’s mobile phone using his/her own mobile phone from around 18:25 to around 10:51.

D. The complaints and accusationss in the name of damaged organizations, such as the chairperson E of the future clan of the D Company, will be received at the prosecutor's office, and actively cooperate with the prosecutor's office and the full bench so that punishment for not less than ten years among them may be sentenced.

The text messages sent 17 times, including the transmission of text messages containing “”, were sent as indicated in the list of offenses.

Accordingly, the defendant has repeatedly reached the victim's text that arouses fear or apprehension.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement Nos. 1 and 2 made to C by the police;

1. Data to cut down each letter;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 74 (1) 3 and Article 44-7 (1) 3 and Article 44-7 (1) 3 of the Act on Promotion of Utilization of Information and Communications Network and Information Protection, etc., concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion was that the Defendant sent the victim C text messages as described in the facts charged. However, it was transmitted to the Defendant’s father’s father with a view to strongly expressing the victim’s intention not to agree on a separate criminal case between the victim and the Defendant’s father’s father, and such act does not constitute a justifiable act that conforms to social norms and does not constitute a crime.

2. The defendant sent the text messages of this case and the reasons why the Defendant sent the text messages of this case.

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